UNIVERSITY OF THE FREE STATE

FACULTY OF LAW POST GRADUATE DEGREES AND DIPLOMAS

2010
DEAN PROF JJ HENNING

FACULTY OF LAW The Faculty of Law at the University of the Free State is situated near the Supreme Court of Appeal and is one of the oldest law faculties in South Africa. The Faculty of Law is committed to excellence in teaching and to delivering jurists with qualifications of international renown to the professions. Legal education will open up doors to a wide variety of professions, including the advocates profession, attorneys profession, legal advisors, labour consultants, prosecutors, magistrates, and the insurance and banking industries. The Faculty is renowned for research of international standard, and is also involved with community service, where the UFS Legal Clinic and several centres in the Faculty directly play a major roll. The Faculty enjoys close ties with several international law schools and law faculties, in especially Britain, Europe and the USA. The Faculty is proud of its alumni association, former law students which remain loyal to the Faculty, and the Collegium Iurisprudentium, an advice panel for the Faculty.

VISION Within the broader context of the University of the Free States vision to be a university of excellence, equity and innovation, the Faculty strives:

To continually maintain and improve the recognition and acknowledgement afforded to the quality of its activities and the achievements of its students and staff both nationally and internationally.

To continually maintain a national and regional perspective in its activities. To contribute, within the Facultys context, towards the rebuilding and development of the entire community.

MISSION Using the vision, mission and values of the UFS as point of departure, the mission of the Faculty is to practice, promote and teach justice based jurisprudence.

Student Code of Ethics

I pledge loyalty to the Constitution of the Republic of South Africa and undertake to respect its laws and to maintain and develop its legal system. I shall observe all the rules and regulations of the University of the Free State and the Faculty of Law. I shall maintain high moral and ethical standards. I shall strive towards ensuring that my actions are always in the interest of the public and directed towards improving the good name of the University and the Faculty. I shall uphold the dignity, traditions and culture of the legal profession. My behaviour shall be such that at all times I may be regarded as a person fit and suitable to be admitted as a legal practitioner. As a prospective jurist, I shall display impeccable honesty at all times. I shall maintain a high standard of integrity. I shall act objectively, fairly, and without bias. I shall employ my working potential to the full. I bind myself to the code of conduct of the University and the Faculty, and to any disciplinary measures, should I fail to comply with my commitment to this code.
If a student fails to comply with the abovementioned code, it could result in suspension of all legal studies at the University of the Free State or in that a certificate of good conduct, required for admission to all legal professions, be refused.

Lecturer Code of Ethics

I pledge loyalty to the Constitution of the Republic of South Africa and I undertake to respect its laws and to maintain and develop its legal system. I shall observe all the rules and regulations of the University of the Free State and the Faculty of Law. I shall maintain high moral and ethical standards. I shall strive towards ensuring that my actions are always in the interests of the public and directed towards improving the good name of the University and the Faculty. I shall uphold the dignity, traditions and culture of the legal profession. My behaviour shall be such that at all times I may be regarded as a person fit and proper to be admitted as a legal practitioner. As a jurist, I shall display impeccable honesty at all times. I shall maintain a high standard of integrity. I shall act objectively, fairly and without bias. I shall employ my working potential to the full. I bind myself to the code of conduct of the University and the Faculty, and to any disciplinary measures, should I fail to comply with my commitment to this code.

ADDRESS All correspondence regarding academic matters should be addressed to: The Registrar University of the Free State PO Box 339 BLOEMFONTEIN 9300 Telephone: Fax: 051 401 9111 051 401 2117

Further enquiries regarding studies in law can be addressed to: The Faculty Secretary Faculty of Law University of the Free State PO Box 339 BLOEMFONTEIN 9300 Telephone: Fax: 051 401 2451/401 9777/401 2735 051 444 5013

CONTENTS

ADDRESS CONTENTS STAFF POSTGRADUATE DEGREES DOCTORS DEGREE MASTERS DEGREE SYLLABI POST GRADUATE DIPLOMA IN LABOUR LAW

6 7 8 18 19 22 37 112

POST GRADUATE DIPLOMA IN FINANCIAL PLANNING LAW 114 ADVANCED POST GRADUATE DIPLOMA IN FINANCIAL PLANNING LAW 116

STAFF Dean: Prof JJ Henning** [B.Iur., LL.B., LL.D. (UOFS), Hon. FSALS Hon. Coif (Kentucky); Attorney of the High Court of South-Africa] PERMANENT ACADEMIC STAFF (Departmental chairpersons are indicated with an asterisk *) Mercantile Law Honorary professor: Prof BAK Rider [LL.B. (Honours) (London), Ph.D. (Law) (London), Ph.D. (Law) (Cantab), LL.D. (Honoris Causa) (Dickinson), LL.D. (Honoris Causa) (UFS)] Extraordinary professors: The Honourable Justice LTC Harms [B.A. Law (cum laude), LL.B. (cum laude)(UP), Deputy-President of the Supreme Court of South Africa] Prof MM Katz [B.Com., LL.B. (Wits), LL.M. (Harvard), Attorney of the High Court of South-Africa] Permanent lecturing staff: Prof J Baloro* [LL.B. (Ghana), LL.M. (Temple), Ph.D. (London), Barrister-at-Law and Solicitor of the Supreme Court of Ghana] Mr PS Brits [B.Com. (cum laude) (UOFS), B.Com. (Hons), LL.B. (cum laude) (Pret), Attorney of the High Court of South-Africa] Ms M Conradie [LL.B., M.A. (Latyn) (UFS), Attorney of the High Court of South-Africa] Mr HJ Deacon [LL.B. (UOFS), LL.M. (UFS), Attorney of the High Court of South-Africa] Ms A de Bruyn [B.Com. LL.B. Post-Graduate Diploma in Financial Planning (UFS)] Prof MJ Dednam [B.Com., LL.B. (UOFS), Advocate of the High Court of South-Africa] Prof JJ Henning**

Ms SA Hyland [LL.B., LL.M. (cum laude), Post Graduate Diploma in Financial Planning (UFS), Advocate of the High Court of South Africa] Ms T Matsaneng [LL.B. (UOFS), LL.M. (UFS)] Adv WM Oosthuizen [B.Proc., LL.B., LL.M., CFP, Advocate of the High Court of South-Africa] Prof E Snyman-van Deventer [B.Iur., LL.M., LL.M., LL.D. (UOFS), Advocate of the High Court of South-Africa] Ms Y-F Wen [LL.B. (UOFS), LL.M. (UFS)] Private Law Honorary professor: The Honourable Judge of Appeal JJF Hefer (SC) [B.A., LL.B. (UOFS), LL.M. (cum laude) (Unisa), LL.D. (Honoris Causa) (UFS)] Extraordinary professors: The Honourable Judge of Appeal FDJ Brand (SC) [B.A., LL.B., LL.M. (cum laude) (US)] Adv JY Claasen (SC) [B.Com., LL.B. (UOFS), LL.D. (UP), Dr. Jur., LL.D. (Leiden)] The Honourable Justice CH Lewis [B.A., LL.B. (cum laude), LL.M (cum laude) (Wits), Judge of the Supreme Court of Appeal of South Africa] Prof W van der Westhuizen [B.Iur., LL.B. (PU for CHE), CTL (Unisa), Attorney of the High Court of South-Africa] Permanent lecturing staff: Mr NJB Claassen* [B.Iur., LL.B., LL.M. (cum laude) (UOFS), Attorney of the High Court of South-Africa] Mr JT Faber [B.Proc., LL.B., LL.M. (cum laude) (UOFS), Attorney of the High Court of South-Africa] Prof GH Fick [B.Iur., B.Com., LL.B. (PU for CHE), LL.M., DCL (McGill), Advocate of the High Court of South-Africa] Mrs JG Horn [B.Proc., LL.B., LL.M. (UOFS), M.A. (HOS) (UFS), Attorney of the High Court of South-Africa]

Prof R-M Jansen [B.Soc.Sc. (Hons.)(Nursing), B.Iur., LL.B. (cum laude), LL.M. (cum laude) (UOFS), LL.D. (UFS), Advocate of the High Court of South-Africa] Mr KL Mould [LL.B., LL.M., B.A. (Hons.) (UFS), Attorney and Conveyancer of the High Court of South-Africa] Adv BS Smith [B.Com. (UOFS), LL.B. (cum laude), LL.M. (cum laude) (UFS), Advocate of the High Court of South-Africa] Criminal and Medical Law Extraordinary professor: The Honourable Justice BJ van Heerden [B.A. (magna cum laude) (US), LL.B. (magna cum laude) (US), B.A. Honn. (Oxford University, Engeland), M.A. (Oxford University, Engeland)] Prof T Verschoor [B.Iur., LL.B., LL.D. (Pret), Advocate of the High Court of South-Africa] Permanent lecturing staff: Dr R Botha [B.Iur., LL.B., LL.M., LL.D. (UOFS), Advocate of the High Court of South-Africa] Adv HB Kruger [B.A. (Law), LL.B., LL.M. (UOFS), Advocate of the High Court of South-Africa] Prof H Oosthuizen* [B.Iur., LL.B., LL.D., LL.D. (UOFS), Advocate of the High Court of South-Africa] Procedural Law and Law of Evidence Extraordinary professor: The Honourable Judge LL.B. (UOFS), Hon. FSALS] SPB Hancke (SC) [B.Com.,

Permanent lecturing staff: Adv IJ Bezuidenhout [B.Iur., (UOFS) LL.B.(UFS), Advocate of the High Court of South-Africa] Ms MG Karels [LL.B., LL.M. (UFS), Attorney of the High Court of South-Africa] Adv JM Reyneke [B.Com. Law, LL.B. (PU for CHE), LL.M. (UOFS), Advocate of the High Court of South-Africa] Dr CF Swanepoel* [B.A. LL.B. (US), LL.M. (UOFS), LL.D. (UFS), Attorney of the High Court of South-Africa]
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Roman Law, Legal History and Comparative Law Extraordinary professors: The Honourable Judge of Appeal IG Farlam (SC) [B.A., LL.B. (UCT)] The Honourable Judge A Kruger (SC) [B.A., LL.B. (US), Drs. Jur. (cum laude), Dr. Jur. (Leiden)] The Honourable Judge DH van Zyl (SC) [B.A., LL.B., M.A. (Pret), Dr. Jur. (Leiden), Ph.D., LL.D. (UCT), D.Litt. (UOFS)] Permanent lecturing staff: Adv JH de Bruin [B.Iur., LL.B., LL.M. (cum laude) (UOFS), Advocate of the High Court of South-Africa] Prof JJ Henning** Dr NP Swartz [B.Proc., LL.B. (UOFS), B.A. (Latin) Hons, M.A. (Latin) Hons (UFS), LL.M. (cum laude) (UFS), LL.D. (UFS)] Constitutional Law and Philosophy of Law Extraordinary professor: Prof RJ Cook [A.B. (Columbia), M.A. (Tufts) M.P.A. (Harvard), J.D. (Georgetown), LL.M. (Columbia), J.S.D. (Columbia), Attorney at Law Washington D.C. Bar] Permanent lecturing staff: Prof SA de Freitas* [B.Proc., LL.B., LL.M. (UOFS)] Prof C Ngwena [LL.B., LL.M. (Wales)] Prof JL Pretorius [B.Com., LL.B., B.A. Hons, LL.D. (UOFS) Advocate of the High Court of South-Africa] Prof AWG Raath [B.Iur., LL.B. (PU for CHE), M.A., D.Phil. (UOFS), Advocate of the High Court of South-Africa and the High Court of Bophuthatswana] Old Mutual Chair in Business Law Prof JJ Henning** Centre for Business Law Prof JJ Henning (Head)** Prof E Snyman-van Deventer
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Research Unit for Serious Economic Crime Extraordinary professor: Adv J Lubbe (SC) [B.Iur. (UOFS), LL.B. (Unisa), Advocate of the High Court of South-Africa] Prof JJ Henning (Head)** Adv JH de Bruin Centre for Judicial Excellence Prof E Snyman-van Deventer (Head) Centre for Financial Planning Law Director: Mr WM Oosthuizen Centre for Estate Planning Mr PS Brits Mr JT Faber Mr KL Mould Unit for Medical Law and Bio-ethics Prof. H. Oosthuizen (Head) Unit for Childrens Rights Adv JM Reyneke (Head) Unit for Legal History Reseach Directors: Mrs AJ Ellis Dr NP Swartz UFS Legal Clinic Director: Dr CF Swanepoel Permanent lecturing staff: Adv IJ Bezuidenhout [B.Iur., (UOFS) LL.B.(UFS), Advocate of the High Court of South-Africa]
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Ms MG Karels [LL.B., LL.M. (UFS), Attorney of the High Court of South-Africa] Mr EC Muller [B.Iur., LL.B. (UOFS), Attorney of the High Court of South-Africa] PERMANENT SUPPORT STAFF Ms K Britz Deans Secretary Mrs SJ Burger Senior Administrative Officer Mrs H Erasmus Faculty Secretary Mrs A Kotz Faculty Manager Mrs A Pieters Senior Assistant Officer Mrs SAM Viljoen Administrative Assistant

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Collegium Iurisprudentium Introduction As part of its objective to constantly improve on the quality of its activities, the Faculty of Law of the University of the Free State strives to ensure ample opportunity for its staff and students to keep abreast with legal questions arising from the ever changing statutory milieu and socio-economic order in South Africa. This is effected inter alia by tapping into the expertise and experience of its extraordinary and honorary professors who have all, whether as academics or practitioners or judges, made their mark in various spheres of legal practice. Purpose The Collegium Iurisprudentium is the external Advisory Board of the Faculty of Law of the University of the Free State. Its purpose is to provide advice on the development of programs, modules or disciplines, on new programs, modules or disciplines and on revisions to existing programs, modules or disciplines and to ensure that relevant links are established with the communities that inform the course portfolio of the University. The Collegium Iurisprudentium may also work to establish opportunities for professional and industry-based placements, staff consultancies and the development of theoretical and applied research. Composition

All the honorary and extraordinary professors of the Faculty of Law, as well as the Dean of Law, are ex officio members of the Collegium Iurisprudentium. Chair: An honorary or extraordinary professor of the Faculty appointed by the Dean of Law after consultation with the members of the Collegium Iurisprudentium. Secretary: The Faculty Manager of the Faculty of Law.

Terms of Reference To provide advice to the Faculty on: All aspects relevant to the quality of its activities.
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The courses and units taught by the Faculty including the development of new courses or units. Teaching and learning, including teaching and learning using on-line, distance education, or flexible delivery methods. The skills, knowledge and attributes sought by the employers of graduates who complete courses or units taught by the faculty. Research, including opportunities for securing research funding. The development by the Faculty of the disciplines it embraces. Professional and industry links and placements. Consultancy opportunities. Such other matters as the Dean of Law deems appropriate.

President The Honourable Justice JJF Hefer (SC) [B.A., LL.B. (UOFS), LL.M. (cum laude) (Unisa), LL.D. (Honoris Causa) (UFS)], former Acting Chief Justice of the Republic of South Africa] Members Mercantile Law Honorary professor: Prof BAK Rider [LL.B. (Honours) (London), Ph.D. (Law) (London), Ph.D. (Law) (Cantab), LL.D. (Honoris Causa) (Dickinson), LL.D. (Honoris Causa) (UFS)] Extraordinary professors: The Honourable Justice LTC Harms [B.A. Law (cum laude), LL.B. (cum laude)(UP), DeputyPresident of the Supreme Court of South Africa] Prof MM Katz [B.Com., LL.B. (Wits), LL.M. (Harvard)], Attorney of the High Court of South Africa] Private Law
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Honorary professor: The Honourable Justice JJF Hefer (SC) [B.A., LL.B. (UOFS), LL.M. (cum laude) (Unisa), LL.D. (Honoris Causa) (UFS)], former Acting Chief Justice of the Republic of South Africa] Extraordinary professors: The Honourable Justice FDJ Brand (SC) [B.A., LL.B., LL.M. (cum laude) (US)], Judge of the Supreme Court of Appeal of South Africa] Adv JY Claasen (SC) [B.Com., LL.B. (UOFS), LL.D. (UP), Dr. Jur., LL.D. (Leiden)] The Honourable Justice CH Lewis [B.A., LL.B. (cum laude), LL.M (cum laude) (Wits), Judge of the Supreme Court of Appeal of South Africa] Prof W van der Westhuizen [B.Iur., LL.B. (PU for CHE), CTL (Unisa)], Attorney of the High Court of South-Africa] Criminal and Medical Law Extraordinary professors: The Honourable Justice BJ van Heerden [B.A. (magna cum laude) (US), LL.B. (magna cum laude) (US), B.A. Honn. (Oxford University, Engeland), M.A. (Oxford University, Engeland)] Prof T Verschoor [B.Iur., LL.B., LL.D. (Pret)], Advocate of the High Court of South-Africa] Procedural Law and Law of Evidence Extraordinary professor: The Honourable Justice SPB Hancke (SC) [B.Com., LL.B. (UOFS), Hon. FSALS], Judge of the High Court of South Africa (Free State)] Roman Law, Legal History and Comparative Law Extraordinary professors: The Honourable Justice IG Farlam (SC) [B.A., LL.B. (UCT)], Judge of the Supreme Court of Appeal of South Africa]
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The Honourable Justice A Kruger (SC) [B.A., LL.B. (US), Drs. Jur. (cum laude), Dr. Jur. (Leiden)], Judge of the High Court of South Africa (Free State)] The Honourable Justice DH van Zyl (SC) [B.A., LL.B., M.A. (Pret), Dr. Jur. (Leiden), Ph.D., LL.D. (UCT), D.Litt. (UOFS)], Judge of the High Court of South Africa (Cape)] Constitutional Law and Legal Philosophy Extraordinary professor: Prof RJ Cook [A.B. (Columbia), M.A. (Tufts) M.P.A. (Harvard), J.D. (Georgetown), LL.M. (Columbia), J.S.D. (Columbia)], Attorney at Law Washington D.C. Bar] Research Unit for Serious Economic Crime Extraordinary professor: Adv J Lubbe (SC) [B.Iur. (UOFS), LL.B. (Unisa)], Advocate of the High Court of South-Africa]

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POSTGRADUATE DEGREES In addition to degrees and diplomas that may be instituted by the University in the future, the following postgraduate degrees and diplomas are currently awarded in the Faculty of Law: Degree Minimum period of study 2 year 1 year Abbreviation LL.D. LL.M. Study Code 3900 3701 37023217 3202 3200 3201

Doctor Legum Magister Legum: Dissertation Structured

Postgraduate Diploma in 1 year Labour Law Postgraduate Diploma in 1 year Financial Planning Law Advanced Postgraduate 1 year Diploma in Financial Planning Law

PDLL PDFP Adv PDFP

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DOCTORS DEGREE The following doctors degree is awarded in the Faculty of Law: Degree Minimum period of study 2 years Abbreviation LL.D. Study Code 3900

Doctor Legum Reg E13 DOCTOR LEGUM

Students must acquire the ability to act as legal-professional practitioners. The successful candidate will be able to: Be a lifelong student with the ability to be well informed of the most recent legal developments. Take part as a responsible citizen in local, national and international communities. Be sensitive as lawyer to the cultural and ethnic diversity in the community. Explore educational and career possibilities and develop entrepreneurial skills. The successful candidate will specifically be able to: Identify and solve legal problems through critical and creative thought. Approach and study personal and professional activities in a responsible, ethical and effective manner. Do effective legal research by gathering, analysing and critically evaluating information. Communicate effectively and verbally in writing. Co-operate effectively with others in the society. Use technology effectively and responsibly to the advantage of the community as a whole. See the law as a component of a system of interdependent systems within the community within which problem-solving cannot occur in isolation.

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REGULATIONS The general regulations of the UFS regarding doctors degrees apply mutatis mutandis to LL.D. students in this faculty. Reg E13.1 (a) Admission: In order to be admitted to LL.D. degree studies, a candidate must be in possession of a LL.M. degree. Research proposal: Candidates should submit a comprehensive research proposal that is approved by the Faculty Board (always subject to Reg A109), within a year after registration; failure to do so will result in the candidate not being permitted to reregister. Re-registration: If a candidate does not meet the requirements as stated in regulation 13.1(b), such a candidate will only be allowed to re-register after a written request has been considered and approved by the Faculty Committee.

(b)

(c)

Reg E13.2 Thesis A thesis for the degree should deal with a subject pertaining to juridical science. Reg E13.3 Doctoral examination (i) Each candidate for the LL.D. degree is subject to a doctoral examination which may consist of an oral examination before submission of the thesis, or a public defense of the thesis after submission. The candidate must pass both the thesis and the examination.

(ii)

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CURRICULUMS E13.4 MERCANTILE LAW A thesis and examination (code HRR 900) E13.5 PRIVATE LAW A thesis and examination (code PRG 900) E13.6 CRIMINAL AND MEDICAL LAW A thesis and examination (code SFR 900) E13.7 ROMAN LAW AND LEGAL HISTORY A thesis and examination (code RRR 900) E13.8 CONSTITUTIONAL LAW & PHILOSOPHY OF LAW A thesis and examination (code STR 900) E13.9 PROCEDURAL LAW AND LAW OF EVIDENCE A thesis and examination (code PSR 900)

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MASTERS DEGREE The following masters degree is awarded in the Faculty of Law: Degree Magister Legum: Dissertation Structured (with extended research essay) Reproductive and Sexual Rights (with extended research essay) Administrative Law (with extended research essay) Financial Planning Law (with extended research essay) Law of Business Entities (with extended research essay) Labour Law (with extended research essay) International Economic Law (with extended research essay) Jurisprudence (with extended research essay) Min period of study 1 year Abbreviation LL.M. Study Code 3701 3702

3703

3706

3708

3710

3712

3714

3716

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NAV 714 (Research Methodology) is presented every Friday evening in March and April. Attendance of NAV 714 is compulsory for all LL.M. students. REG E12 MAGISTER LEGUM Students must acquire the ability to act as legal-professional practitioners. The successful candidate will be able to: Be a lifelong student with the ability to be well informed of the most recent legal developments. Take part as a responsible citizen in local, national and international communities. Be sensitive as lawyer to the cultural and ethnic diversity in the community. Explore educational and career possibilities and develop entrepreneurial skills. The successful candidate will specifically be able to: Identify and solve legal problems through critical and creative thought. Approach and study personal and professional activities in a responsible, ethical and effective manner. Do effective legal research by gathering, analysing and critically evaluating information. Communicate effectively and verbally in writing. Co-operate effectively with others in the society. Use technology effectively and responsibly to the advantage of the community as a whole. See the law as a component of a system of interdependent systems within the community within which problem-solving cannot occur in isolation.

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REGULATIONS The general regulations of the UFS regarding masters degrees apply mutatis mutandis to LL.M. candidates in this faculty, as from 2004. Reg E.12.1 Admission and continuance (a) For admission to LL.M. degree studies, a candidate must be in possession of a LL.B. degree and must have obtained at least an average of 60% in the field(s) in which he/she wishes to specialise. To continue the LL.M. studies, the candidate should comply with the following requirements within the first year of registration: 1. Students who do a LL.M. (Dissertation) (study code: 3701) in terms of E12.3(i), must: (i) submit a comprehensive research topic for approval by the Faculty Committee, and (ii) attend the prescribed module in Legal Research Methodology (NAV 714) during the first semester. Students who do a LL.M. (Structured) (study code: 3702) in terms of E12.3(ii), must: (i) submit the compilation of his/her curriculum and a research topic for approval by the Faculty Committee, and (ii) attend the prescribed module in Legal Research Methodology (NAV 714) during the first semester. Students who do a LL.M. (Structured) (study code: 3703) in terms of E12.3(ii), must: (i) submit the compilation of his/her curriculum from the modules MNR702, MNR703, MNR704 or MNR705 and a research topic for the module MNR791 for approval by the Faculty Committee, and
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(b)

2.

3.

(ii)

attend the prescribed module in Legal Research Methodology (NAV 714) during the first semester.

4.

Students who do a LL.M. (Structured) (study code: 3706) in terms of E12.3(ii), must: (i) submit the compilation of his/her curriculum from the modules ADR701, ADR702, ADR703 or ADR704 and a research topic for the module ADR791 for approval by the Faculty Committee, and (ii) attend the prescribed module in Legal Research Methodology (NAV 714) during the first semester. Students who do a LL.M. (Structured) (study code: 3708) in terms of E12.3(ii), must: (i) submit the compilation of his/her curriculum from the modules FBR701, FBR702, FBR703, FBR704, FBR705, FBR706, FBR707 or FBR708 and a research topic for the module FBR791 for approval by the Faculty Committee, and (ii) attend the prescribed module in Legal Research Methodology (NAV 714) during the first semester. Students who do a LL.M. (Structured) (study code: 3710) in terms of E12.3(ii), must: (i) submit the compilation of his/her curriculum from the modules HRR701, HRR702, HRR703, HRR709 or HRR710 and a research topic for the module HRR791 for approval by the Faculty Committee, and (ii) attend the prescribed module in Legal Research Methodology (NAV 714) during the first semester. Students who do a LL.M. (Structured) (study code: 3712) in terms of E12.3(ii), must:
25

5.

6.

7.

(i)

(ii)

submit the compilation of his/her curriculum from the modules HRR704, HRR705, HRR711, HRR712 or HRR713 and a research topic for the module HRR791 for approval by the Faculty Committee, and attend the prescribed module in Legal Research Methodology (NAV 714) during the first semester.

8.

Students who do a LL.M. (Structured) (study code: 3714) in terms of E12.3(ii), must: (i) submit the compilation of his/her curriculum from the modules IER702, IER703, IER704 or IER705 and a research topic for the module IER791 for approval by the Faculty Committee, and (ii) attend the prescribed module in Legal Research Methodology (NAV 714) during the first semester. Students who do a LL.M. (Structured) (study code: 3716) in terms of E12.3(ii), must: (i) submit the compilation of his/her curriculum from the modules RGL701, RGL702, RGL703, RGL704 or RGL705 and a research topic for the module RGL791 for approval by the Faculty Committee, and (ii) attend the prescribed module in Legal Research Methodology (NAV 714) during the first semester.

9.

26

Reg E.12.2 Degree with distinction (See General Regulation A93) The LL.M. degree is awarded with distinction if a candidate achieves a minimum combined average of 75% in the examinations and the extended research essay/research essay. The LL.M. degree (Dissertation) is awarded with distinction, if a candidate has achieved a weighted average of 75%, of which the dissertation carries a weight of 75% and the public defence 25%. Reg E12.3 CURRICULUM In order to obtain the LL.M. degree, the following two possibilities exist: (i) (a) LL.M. (Dissertation) (240 credits) The curriculum consists of a dissertation of a limited scope of a maximum of 42 000 words which deals with a subject pertaining to juridical science, approved by the Faculty Board, as well as an examination. The examination consists of an oral examination before the presentation of the dissertation, or a public defence after the presentation thereof. The oral examination and the public defence are limited to the content of the particular dissertation. The dissertation is comprised of 75% and the public defence 25% of the total mark. The candidate should pass both the dissertation and public defence.

(b)

(c) (d)

(ii) LL.M. (Structured) (240 credits) (a) (b) The curriculum consists of a prescribed advanced study programme. The examination on the prescribed study programme consists of: (3 modules 37 credits each) (i) at least a three hour examination paper in each of the three modules; (ii) a extended research essay of a maximum of 20 000 words of a publishable standard. (129 credits)
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The pass mark for each individual paper is at least 50%. The departmental chairperson may grant permission for an oral examination. CURRICULA (Study Code 3701) E12.4 MERCANTILE LAW A dissertation and examination (code HRR 700) E12.5 PRIVATE LAW A dissertation and examination (code PRG 700) E12.6 CRIMINAL- AND MEDICAL LAW A dissertation and examination (code SFR 700) E12.7 ROMAN LAW AND LEGAL HISTORY A dissertation and examination (code RRR 700) E12.8 CONSTITUTIONAL LAW EN LEGAL PHILOSOPHY A dissertation and examination (code STR 700) E12.9 PROCEDURAL LAW AND LAW OF EVIDENCE A dissertation and examination (code PSR 700)

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CURRICULA (Study Code 3702-3717) Credits: (See on p. 27) Modules presented from which programme may be compiled: ADR701 ADR702 ADR703 ADR704 ADR705 ADR791 FBR701 FBR702 FBR703 FBR704 FBR705 FBR706 FBR707 FBR708 FBR791 HRR701 HRR702 HRR703 HRR704 HRR705 HRR709 HRR710 HRR711 HRR712 HRR713 HRR714 HRR716 Administrative Law Administrative Law Administrative Law Administrative Law Administrative Law Reform Administrative Law (extended research essay) Financial Planning Law Financial Planning Law Financial Planning Law Financial Planning Law Financial Planning Law Financial Planning Law Financial Planning Law Financial Planning Law Financial Planning Law (extended research essay) Law of Partnership Law of Close Corporations Corporate Insolvency Labour Law Part I Labour Law Part II Company Law Company Law: Corporate governance Beheer Labour Law Labour Law Retirement provision Credit module (Mercantile Law) Business Crimes
29

the

advanced Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year 1 Semester 2nd Semester Year st 1 Semester 1st Semester Year Year 2 Semester nd 2 Semester nd 2 Semester st 1 Semester 2nd Semester
nd st

study

HRR791 Mercantile Law (extended research essay) IER701 International Economic Law IER702 International Economic Law IER703 International Economic Law IER704 International Economic Law IER705 International Economic Law IER706 International Economic Law IER791 International Economic Law (extended research essay) INR702 International Law INR703 International Law INR791 International Law (extended research essay) MNR702 Human Rights MNR703 Human Rights MNR704 Human Rights MNR705 Human Rights MNR791 Human Rights (extended research essay) NAV714 Legal Research Methodology OGR701 Environmental Law OGR702 Environmental Law OGR791 Environmental Law (extended research essay) PRG702 Trust Law PRG703 Law of Contract PRG705 Family Law PRG706 Law of Delict PRG707 Law of Damages PRG708 Law of Property PRG709 Law of Persons PRG791 Private Law (extended research essay) RGL701 Jurisprudence RGL702 Jurisprudence RGL703 Jurisprudence
30

Year 1st Semester st 1 Semester 1st Semester 2nd Semester 2nd Semester nd 2 Semester Year Year Year Year 1st Semester 1st Semester nd 2 Semester 1st Semester nd 2 Semester 1 Semester st 1 Semester nd 2 Semester Year 2 Semester nd 2 Semester 2nd Semester nd 2 Semester 1st Semester Year nd 2 Semester Year Year Year Year
nd st

RGL704 Jurisprudence RGL705 Law Reform in Jurisprudential Perspective RGL791 Jurisprudence (extended research essay) RSV713 School for Legal Practice: Free State SFR701 Capita Selecta from Criminal Law SFR703 Capita Selecta from Medicina Forensis SFR704 Capita Selecta from Serious Economic Crime SFR714 Credit module (Criminal law) SFR791 Criminal and Medical Law (extended research essay) SPR701 Capita Selecta from Law of Evidence SPR704 Credit Module (Law of Evidence and Procedural Law) SPR791 Procedural Law and Law of Evidence (extended research essay) STR702 Constitutional Law STR791 Constitutional Law (extended research essay)

Year Year Year 1 or 2 Semester Year Year Year

st nd

Year Year

Year
nd

2 Semester Year

31

Only applicable to students who were already registered for a LL.M. programme in 2009! 2009 CURRICULA (Study Code 3702-3717) Modules presented from programme was compiled: ADR701 ADR702 ADR703 ADR704 ADR705 ADR791 ADR792 FBR701 FBR702 FBR703 FBR704 FBR705 FBR706 FBR707 FBR708 FBR791 FBR792 HRR701 HRR702 HRR703 HRR704 HRR705 HRR709 HRR711 HRR712 which the advanced Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year 1st Semester nd 2 Semester Year 1st Semester 1st Semester Year nd 2 Semester 2nd Semester study

Administrative Law Administrative Law Administrative Law Administrative Law Administrative Law Reform Administrative Law (extended research essay) Administrative Law (research essay) Financial Planning Law Financial Planning Law Financial Planning Law Financial Planning Law Financial Planning Law Financial Planning Law Financial Planning Law Financial Planning Law Financial Planning Law (extended research essay) Financial Planning Law (research essay) Law of Partnership Law of Close Corporations Corporate Insolvency Labour Law Part I Labour Law Part II Company Law Labour Law Labour Law
32

HRR713 HRR714 HRR716 HRR791 HRR792 IER701 IER703 IER704 IER705 IER791 IER792 INR703 INR791 INR792 MNR702 MNR703 MNR704 MNR705 MNR791 MNR792 NAV714 OGR701 OGR702 OGR791 OGR792 PRG702

Retirement provision Credit module (Mercantile Law) Business Crimes Mercantile Law (extended research essay) Mercantile Law (research essay) International Economic Law International Economic Law International Economic Law International Economic Law International Economic Law (extended research essay) International Economic Law (research essay) International Law International Law (extended research essay) International Law (research essay) Human Rights Human Rights Human Rights Human Rights Human Rights (extended research essay) Human Rights (research essay) Legal Research Methodology Environmental Law Environmental Law Environmental Law (extended research essay) Environmental Law (research essay) Trust Law
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2nd Semester
nd

2 Semester Year Year 1st Semester st 1 Semester 2nd Semester 2nd Semester Year Year Year Year Year 1 Semester 1st Semester 2nd Semester 1st Semester nd 2 Semester 2nd Semester 1st Semester st 1 Semester nd 2 Semester Year Year 2 Semester
nd st

PRG703 PRG705 PRG706 PRG707 PRG708 PRG709 PRG791 PRG792 RGL701 RGL702 RGL703 RGL704 RGL705 RGL791 RGL792 RSV713 SFR701 SFR703 SFR704 SFR714 SFR791 SFR792 SPR701 SPR704

Law of Contract Family Law Law of Delict Law of Damages Law of Property Law of Persons Private Law (extended research essay) Private Law (research essay) Jurisprudence Jurisprudence Jurisprudence Jurisprudence Law Reform in Jurisprudential Perspective Jurisprudence (extended research essay) Jurisprudence (research essay) School for Legal Practice: Free State Capita Selecta from Criminal Law Capita Selecta from Medicina Forensis Capita Selecta from Serious Economic Crime Credit module (Criminal law) Criminal and Medical Law (extended research essay) Criminal and Medical Law (research essay) Capita Selecta from Law of Evidence Credit Module (Law of Evidence and Procedural Law)
34

2nd Semester nd 2 Semester 2nd Semester 1st Semester Year 1st Semester Year Year Year Year Year Year Year Year Year 1st or 2nd Semester Year Year Year

Year Year Year

SPR791

Procedural Law and Law of Evidence (extended research essay)

Year

35

SPR792 STR702 STR791 STR792

Procedural Law and Law of Evidence (research essay) Constitutional Law Constitutional Law (extended research essay) Constitutional Law (research essay)

Year 2nd Semester Year Year

36

SYLLABI Details concerning syllabi of modules that fall under other faculties are contained in the calendar of the relevant faculty. Syllabi and modules Reg E15 E15.1 Where applicable, the contents of syllabi for modules are in accordance with the minimum requirements of the Board for the Recognition of Examinations in Law. E15.2 The syllabi offered by the various departments of the Faculty of Law are as follows:

37

Compulsory to all LL.M students! NAV714 Legal Research Methodology Outcomes: The student must be able to: i) Explain and utilise the different legal research techniques and methods. ii) Explain the theoretical framework and core principles of legal reseach. iii) Understand the process of legal research and writing. Assessment: Attendance. Two assignments.

38

DEPARTMENT OF MERCANTILE LAW HRR700 (Dissertation) The title of the dissertation is the choice of the student, in consultation with the concerned supervisor of the relevant department. Assessment External assessors, oral presentation/public defence. HRR701 Law of Partnership Learning outcomes: The student must be able to: i) Understand why a knowledge of the law of partnership is necessary for a clear understanding of fundamental doctrines of company law and important aspects of close corporations law. ii) Identify the historical background and the sources of the law of partnership and the various kinds and forms of partnership. iii) Draft a partnership agreement with an in depth understanding of the essentialia and naturalia of partnership, partnership property, as well as the rights and duties of partners. iv) Demonstrate the functional ability to apply integrate and develop the entity as well as the aggregate theory of the legal nature of partnership for the most equitable result in given circumstances. v) Have an in depth knowledge of the relationship of partners and third parties as well as the application of the relevant principles of the law of agency, contract, delict and procedure. vi) Apply the principles pertaining to partnership dissolution and sequestration as well as the liquidation of its assets.

39

Integrated knowledge: i) General description, historical and comparative background, sources and definition of partnership. ii) Specific kinds and forms of partnership. iii) Establishment, essentialia and naturalia of partnership. iv) Legal nature of partnership: entity and aggregate theories. v) Partnership property. vi) Relationship between the partners inter se. vii) Relationship between partners and third parties. viii) Dissolution, liquidation and distribution of assets. ix) Sequestration. x) Comparative study on the law of partnership. HRR702 Law of Close Corporations Learning outcomes: The student must be able to: i) Understand and explain the history, origin and development of the Close Corporations Act, 1984. ii) Identify the innovating characteristics as well as benefits and disadvantages of close corporations, in comparison with those of a private company, a partnership and a business trust. iii) Integrate all the facets of a close corporation, as a unique juristic person. iv) Provide an exposition of the content, functioning and amendment of a founding statement; keeping this in mind, to be able to incorporate as well as convert a close corporation, and to evaluate all the different types of pre-incorporation contracts. v) Explain the principles governing the acquisition and cessation of membership and to compare the principles governing maintenance of solvency and liquidity with those governing the maintenance of share capital. vi) Evaluate the relationship between members inter se as well as the relationship between members and their close corporation and to be able to draw up the association- and other types of agreements. vii) Explain the capacity and powers of close corporation.
40

viii) ix) x)

Explain the authority of a member to represent a close corporation. Evaluate a close corporations accounting records, financial year as well as its financial statements. Explain and evaluate the principles concerning dissolution and deregistration of a corporation and to evaluate them in terms of applicable statutory provisions. Close

Integrated knowledge: i) Background, history and development of the Corporations Act 69 of 1984. ii) Attributes and administration. iii) The close corporation as a body corporate. iv) Establishment and conversion. v) Membership, members interest and capital. vi) Internal relationships. vii) External relationships. viii) Accounting and disclosure. ix) Winding-up, dissolution and deregistration. x) Comparative study on the law of close corporations. HRR703 Corporate Insolvency

Learning outcomes: The student must be able to: i) Identify and solve legal problems through critical and creative thought. ii) Approach and study personal and professional activities in a responsible, ethical and effective manner. iii) Do effective legal research by gathering, analysing and critically evaluating information. iv) See the law as a component of a system of interdependent systems within the community within which problem-solving cannot occur in isolation.

41

Integrated knowledge: After completion of this module the student will be able to: i) Analise and evaluate the process of corporate insolvency and corporate rescue from a national and comparative perspective. ii) To understand, evaluate and apply the principles regarding corporate insolvency. iii) To critically evaluate and analise the international processes and principles pertaining to corporate insolvency. iv) To explain the grounds for liquidation. v) To explain the principles regarding judicial management of a firm. HRR704 Development of South African Labour Law and the Individual Labour Law) Learning outcomes: The student must be able to: i) Understand and explain the nature of Labour Law. ii) Explain the historical background and development of Labour Law in South Africa. iii) Understand the principles of the common law contract of employment and to distinguish it from and compare it with other contracts. iv) Identify and explain the rights and duties of employers and employees in terms of a contract of employment. v) Explain the freedom of association of employers and employees. vi) Identify the organisational rights of trade unions. vii) Understand and explain the historical background, the content and the development; of the Basic Conditions of Employment Act, 1997. Integrated knowledge: i) The nature of Labour Law different concepts and definitions. ii) The development of Labour Law in South Africa taking into account the difference between individual and collective labour law.
42

iii)

iv) v)

vi) vii)

The development of the labour law relations between employer, employee and the Government as set out in labour legislation. Comparative study of the freedom of association and the organisational rights. The Common Law Contract of Employment, the distinction with other similar contracts and the duty of good faith of an employee towards his employer. The provisions, content and outstanding characteristics of the Basic Conditions of Employment Act, 1997. Comparative study on individual labour law.

HRR705 Collective Labour Law and Industrial Democracy Learning outcomes: The student must be able to: i) Give an exposition of the origin and operation of collective labour law. ii) Describe and evaluate the right to strike as well as strikes and lockouts and other forms of industrial action. iii) Understand and explain the operation and functions of workplace forums. iv) Give an overview of the state of affairs regarding worker participation in South Africa and to compare it with the position in other countries. Integrated knowledge: i) The Labour Relations Act, 1995; the Constitution, 1996; and the Conventions of the International Labour Organisation with regard to: (a) Collective entities. (b) Collective bargaining. (c) Strikes and lock-outs. (d) Other forms of industrial action. (e) Workplace forums. ii) Legislation with regard to worker participation in South Africa, Britain and Germany.

43

HRR709 Company Law Learning outcomes: The student must be able to: i) Explain the history and development of company law. ii) Explain juristic personality as well as legal nature of the company constitution. iii) Provide an exposition of the different kinds of companies available. iv) State the requirements for incorporating a company. v) Explain the division of powers between the board of directors and the general meeting. vi) Explain the composition and functions of the board of directors. vii) Explain appointment, discharge and disqualification of a director. viii) Explain the fiduciary duties, duty of care and personal liability of a director. ix) Explain the principles governing entering into contracts on behalf of the company. x) Explain the principles governing capital maintenance and purchase of own shares. xi) Provide an exposition of the protection of minority shareholders. Integrated knowledge: i) History and development of company law. ii) Legal personality, types of companies, incorporation and constitution. iii) Division of powers and the general meeting. iv) Composition and functions of board of directors. v) Appointment, discharge, disqualification, fiduciary duties, duty of care and personal liability of directors. vi) Entering into contracts on behalf of a company: capacity and powers. vii) Capital maintenance and purchase of own shares. viii) Minority protection. ix) Comparative study on company law.
44

HRR710 Company Law: Corporate governance Beheer Learning outcomes: The student must be able to: i) Give an exposition of the nature and scope of corporate governance in the South African company law. ii) Explain the influence of corporate governance on company structures. iii) Explain and give an exposition of the King Codes. iv) Compare the international position pertaining to corporate governance with that of South Africa. v) Explain the companys corporate social responsibility. Integrated knowledge: Corporate governance and systems. Assessment: Three hour written examination. HRR711 Discrimination and Labour Dispute Resolution Learning outcomes: The student must be able to: i) Explain and evaluate the principles with regard to discrimination and unfair labour practices as well as the practical implementation thereof. ii) Explain the bodies/structures created to handle and resolve labour disputes as well as the functioning of such bodies. iii) Identify all the possible ways to dismiss an employee and to evaluate when it will be a fair dismissal. Integrated knowledge: i) The relevant provisions of the Labour Relations Act, 1995; the Basic Conditions of Employment Act, 1997 and the Employment Equity Act, 1998 with regard to: (a) Fair and unfair discrimination. (b) Unfair labour practices. (c) Dismissal. (d) Automatically unfair dismissals. (e) Substantive fairness. (f) Procedural fairness.
45

ii) iii) iv)

(g) CCMA and bargaining councils. (h) Labour Courts. Decisions of CCMA and Labour Courts. Opinions of writers in legal journals. Comparative study on discrimination and labour dispute resolution.

HRR712 Protection of Employees with regard to Work and Livelihood Learning outcomes: The student must be able to: i) Give an explanation of legislation and common law principles that provide for the protection of the work and livelihood of employees. ii) Explain the important provisions of the Compensation for Occupational Injuries and Diseases Act, 1993 with reference to the requirements that must be met in order to qualify for compensation. iii) Evaluate the important provisions of the Occupational Health and Safety Act, 1993 and the Mine Health and Safety Act, 1996. iv) Give an explanation of the important provisions of legislation that ensure training and the development of skills of employees. v) Identify and evaluate the benefits in terms of legislation an employee may be entitled to. Integrated knowledge: i) Common law principles with regard to the protection of the work and livelihood of workers in South Africa. ii) Comparative study on protection of employees with regard to work and livelihood. iii) The relevant provisions of the following acts: (a) The Basic Conditions of Employment Act, 1997. (b) The Compensation for Occupational Injuries and Diseases Act, 1993. (c) The Occupational Diseases in Mines and Works Act, 1973.
46

(d) (e) (f) (g)

The Occupational Health and Safety Act, 1993. The Mine Health and Safety Act, 1996. The Unemployment Insurance Act, 1966. The Skills Development Act, 1998.

HRR713 The Law with regard to Retirement Provision in South Africa Learning outcomes: The student must be able to: i) Identify and evaluate the different ways of retirement provision in South Africa. ii) Explain the registration and management of retirement funds. iii) Identify the fiduciary duties of board members of retirement funds. iv) Explain the benefits that members of funds may be entitled to. v) Explain the consideration and adjudication of complaints by Pension Funds Adjudicator. Integrated knowledge: i) The Constitution, the Pension Funds Act, 1956 and other relevant legislation. ii) The development of the law with regard to retirement funds. iii) The management of funds. iv) The fiduciary duties of board members. v) The consideration and adjudication of complaints and disputes. vi) Study of benefits that members are entitled to. vii) Comparative study on retirement provision. HRR714 Credit Module (Mercantile Law) This credit module in Mercantile Law is facilitated in the Department of Mercantile Law. It serves as a credit mechanism for programmes passed at foreign universities in terms of existing and future cooperation agreements.

47

HRR715 Law of Negotiable Instruments Learning outcomes: The student must be able to: i) Demonstrate knowledge and understanding of the historical development, legal nature, use, function, advantages and disadvantages as well as the legal problems of money, electronic payment, Euro, e-cash and letters of credit. ii) Compare and differentiate between the legal nature, use, function, advantages and disadvantages as well as the legal problems of money, electronic payment, Euro, e-cash and letters of credit. iii) Advise clients about the use, advantages and disadvantages of money, electronic payment, Euro, e-cash and letters of credit. iv) Apply his/her understanding and knowledge of money, electronic payment, Euro, e-cash and letters of credit to solve legal problems. v) Analyse the historic development of these forms of payments. Integrated knowledge: i) The historic development of money as payment. ii) Value of money. iii) Legal nature of money. iv) Common law and statutory regulation of money. v) Instruments and processes of payment. vi) Exhange trade. vii) Coins. viii) Notes. ix) Bills. x) Cheques. xi) Promesses. xii) Travellers cheques. xiii) Credit cards. xiv) Electronic transfers. xv) Euro. xvi) E-cash.
48

Assessment: Three hour written examination. HRR716 Business Crimes Learning outcomes: The student must be able to: i) Identify and solve legal problems through critical and creative thought. ii) Approach and study personal and professional activities in a responsible, ethical and effective manner. iii) Do effective legal research by gathering, analysing and critically evaluating information. iv) See the law as a component of a system of interdependent systems within the community within which problem-solving cannot occur in isolation. Integrated knowledge: After completion of this module the student will be able to: i) Critically analise and distinguish between the different forms of business crimes from a national and comparative perspective. ii) To understand, evaluate and apply the principles regarding the prevention and control thereof. iii) To critically evaluate and analise the international initiatives, control and the international detection and exposure of business crime. HRR791 Mercantile Law (extended research essay) The extended research essay in Mercantile Law is facilitated in the Department of Mercantile Law. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head of the department. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving.

49

ii)

iii) iv) v)

vi) vii) viii)

Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. Select and apply information relevant to the argument. Formulate a complex and sustained legal argument. Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. Where relevant, refer to the social, political, economic and international contexts within which the research is situated. Demonstrate competence in comparative techniques where this is required. Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

HRR792 Mercantile Law (research essay) The research essay in Mercantile Law is facilitated in the Department of Mercantile Law. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head of the department. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required.

50

viii)

Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

51

HRR900 (Thesis) The title of the thesis is the choice of the student, in consultation with the concerned promoter of the relevant department. Assessment External assessors, oral presentation/public defence. FBR701 Employment benefits I: Fund Governance and Maintenance Learning outcomes: The student must be able to: i) Understand and explain the concept of Fund Governance and Maintenance. ii) Distinguish between the different types of funds and explain the legislation that approve and recognise these funds and the classification of funds by the administrator. iii) Know and apply the authority, administrator, rules, registration, approval, board, officers, fund indemnity, investment manager, other service providers, risk benefits and communication of a retirement fund. iv) Apply and understand all the elements and requirements regarding maintenance and compliance of a retirement fund. v) Have an understanding and practical knowledge of the establishment, maintenance and compliance of Retirements funds and employee benefit schemes governed by legislation other than the Pension Fund Act and certain specialist funds. Integrated knowledge: i) Regulatory environment. ii) Retirement funds. iii) Comparative study regarding employment benefits.

52

FBR702 Employment benefit II: Fund Design and Finance Learning outcomes: The student must be able to i) Understand, interpret and apply the applicable legislation. ii) Understand and appreciate the financial and legal implications of different fund structures. iii) Identify and co-ordinate the different needs and obligations of all parties to a fund. iv) Design and appropriate fund structure that complies with applicable legislation and meets the needs of all parties. v) Ensure effective consultation and communication with all parties. vi) Ensure the effective implementation of a new or revised fund structure. Integrated knowledge: i) Retirement funds. ii) Investment. iii) Comparitive study regarding employment benefits. FBR703 Personal Risk Management Learning outcomes: The student must be able to: i) Understand and apply the principles of personal risk management. ii) Differentiate between the creation and preservation of wealth. iii) Apply your knowledge in specific case studies and elementary financial mathematics. iv) Describe long-term insurance and investment principles and to illustrate it with practical examples. v) Understand the impact of legislation on personal risk management, including the fundamentals and the effect of the different methods of taxation. vi) Assist individuals in creating wealth during their economic active years through the maximization of their disposable income.
53

vii) viii) ix)

Understand the mechanisms to preserve individuals wealth while they are still alive. Curb taxes, duties and costs payable at death as far as possible. Understand the applicability of the South African common law, legislation and self-regulatory requirement.

Integrated knowledge: i) South African law and regulatory requirements. ii) Creation and protection of wealth. iii) Personal risk management. iv) Comparitive study regarding Risk Management. FBR704 Health Care Benefits I Learning outcomes: The student must be able to: i) Understand the absolute magnitude of the South African health care expenditure in the public sector, its comparison with other countries around the word, and the arguments for the reform of the health care industry. ii) Know main objectives of the Medical Schemes Act and its Regulations in the light of the longer-term objectives of government and the influence of other important related Acts on the provision of health benefits more particularly in the employer/ employee context. iii) Understand primary health care (PHC) and what it entails and the role of hospitals (private and public) in the delivery of health services. iv) Apply and demonstrate the role of the doctor and of the pharmaceutical industry in South Africa. v) Have an understanding and practical knowledge of the different types of schemes in the market as well as the advantages and disadvantages of each. vi) Know how to addressing the risks and needs of the employer relating to health care. Integrated knowledge: i) Health care. ii) Legislation on health care.
54

iii) iv)

Medical schemes. Comparative study on health benefits.

FBR705 Health Care Benefits II Learning outcomes: The student must be able to: i) Understand the absolute magnitude of the South African health care expenditure in the public sector, its comparison with other countries around the word, and the arguments for the reform of the health care industry. ii) Know main objectives of the Medical Schemes Act and its Regulations in the light of the longer-term objectives of government and the influence of other important related Acts on the provision of health benefits more particularly in the employer/ employee context. iii) Understand primary health care (PHC) and what it entails and the role of hospitals (private and public) in the delivery of health services. iv) Apply and demonstrate the role of the doctor and of the pharmaceutical industry in South Africa. v) Have an understanding and practical knowledge of the different types of schemes in the market as well as the advantages and disadvantages of each. vi) Know how to addressing the risks and needs of the employer relating to health care. Integrated knowledge: i) Health care. ii) Medical schemes. iii) Legislation on health care. iv) Comparative study on health benefits. FBR706 Asset types and Investment instruments Learning outcomes: The student must be able to: i) Identify and apply financial markets and investments. ii) Calculate, compare and explain any investment fundamentals.
55

iii) iv) v)

vi) vii)

Understand the workings of the stock markets. Identify, differentiate and apply the money market and different instruments. Calculations regarding the Foreign exchange market and list different opportunities as well as a good understanding of collective investments schemes. Understand the futures, options and interest rate derivatives. Describe and know unit trust and property markets.

Integrated knowledge: i) Financial markets. ii) Financial instruments. iii) Legal comparative study regarding assets and investment instruments. FBR707 Principles of portfolio planning Learning outcomes: The student must be able to: i) Explain and discuss what a portfolio of investment is and risk and return principles of investments. ii) Explain the different asset classes available to investors and the concept of international diversification. iii) Determine and interpret the standard deviation of an investment and the expected return on a portfolio. iv) Discuss the various sectors of the economy and their influence on the financial markets as well as the inflation and its link with the finan cial markets. v) Define and explain the economic fundamentals and their influence on investment markets. vi) Illustrate the reports that an investor should receive from a portfolio manager. vii) Discuss the controls and procedures that should be instituted internally by a portfolio manager to mitigate investment risks. viii) Apply the fundamentals of the investment strategies to a portfolio and certain techniques used in a fund management environment.
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Integrated knowledge: i) Investment management and the economy. ii) Investment portfolio. iii) Comparitive study regarding fund management. FBR708 Estate planning Learning outcomes: The student must be able to: i) Understand and explain the objectives of estate planning and the process. ii) Differentiate between the different matrimonial property regimes and apply to estate planning. iii) Know and understand the requirements for a valid will and the law of succession. iv) Understand, in broad terms, the administration of deceased estates, as well as the impact it has on estate planning. v) List a number of different business forms to use during estate planning. vi) Calculate estate duty on a deceased estate. vii) Understand the implication of Capital Gains tax on an estate. viii) Discuss the possible effect of transfer taxes on deceased estate. ix) Draft an estate planning model. x) Understand and implement the different estate planning tools and techniques. Integrated knowledge: i) Estate duty Act. ii) Matrimonial property regimes. iii) Law of trust. iv) Capital gains tax on the deceased estate. v) Comparitive study regarding Estate Planning.

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FBR791 Financial Planning Law (extended research essay) The extended research essay in Financial Planning Law is facilitated in the Mercantile Department. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head of the relevant department(s). Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies. FBR792 Financial Planning Law (research essay) The research essay in Financial Planning Law is facilitated in the Mercantile Department. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the chairpersons of the relevant departments. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area.
58

iii) iv) v)

vi) vii) viii)

Select and apply information relevant to the argument. Formulate a complex and sustained legal argument. Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. Where relevant, refer to the social, political, economic and international contexts within which the research is situated. Demonstrate competence in comparative techniques where this is required. Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

IER700 (Dissertation) The title of the dissertation is the choice of the student, in consultation with the concerned supervisor of the relevant department. Assessment External assessors, oral presentation/public defence. IER701 International Public Law aspects of International Economic Law Learning outcomes: The student must be able to: i) Identify and explain international public law rules applicable to international trade. ii) Understand and explain the Bretton Woods institutions and negotiations. iii) Explain and critically evaluate the role of the World Bank Group in international trade. iv) Explain and critically evaluate the role of the International Monetary Fund in international trade. v) Explain and critically evaluate the role of the World Trade Organization in international trade. vi) Analyse international trade negotiations, institutions and policy. Integrated knowledge: i) International treaties and conventions.
59

ii) iii) iv) v) vi)

The history, influence and role in trade. The composition, founding documents of the GATT. World Trade Organization. World Bank. International Monetary Fund.

IER702 Free trade and free trade agreements Learning outcomes: The student must be able to: i) Explain free trade and the theories and policies on free trade. ii) Explain and critically discuss the European Union, the NorthAmerican Free Trade Agreement and the Southern Development Community as examples of economic groupings. iii) Critically discuss, compare and evaluate the dispute settlement meganisms of the EU, NAFTA and SADC. iv) Critically discuss custom unions and other regional agreements. v) Critically evaulate, compare and discuss whether the EU, NAFTA and SADC are successful as regional economic groupings. Integrated knowledge: i) The EU, SADC and NAFTA treaties. ii) Economic co-operation. iii) Custom unions. iv) Free movement of goods, services, people and capital. Assessment: Three hour written examination. IER703 International Investment Law Learning outcomes: The student must be able to: i) Critically explain the promotion and protection of international investment. ii) Structure an international investment transaction. iii) To evaluate and analise the instruments, policy and system for international investments of a host state.
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Integrated knowledge: i) The promotion of investment and the principles of investment policy. ii) The protection of international investment. iii) The Multilateral Agreement on Investment. iv) The role of the OECD in international investment. v) The World Bank Guidelines for the Treatment of Foreign Investment. vi) Investment incentives. vii) The role of TRIMS and GATS in international investments. viii) Trusts as a vehicle for inter-national investment. ix) Specific investment codes. x) The Calvo Clause and the Calvo Principle. xi) MFN and national treatment. xii) The role of OPIC in international investment. IER704 International Law of Sales Learning outcomes: The student must be able to: i) Structure an international sales transaction. ii) To structure an international purchase transaction. iii) Draft an agreement for the international sale of goods. iv) To apply international agreements and treaties applicable to an international sale of goods transactions. v) Critically discuss the adoption of the CISG in South Africa. Integrated knowledge: i) The structure of an international sale of goods transaction. ii) The structure of a contract for the international sale of goods. iii) The international documents and conventions applicable to an international sale of goods transaction. iv) Protection of the seller/exporter of goods against nonperformance by the buyer/importer. v) The protection of the buyer/importer of goods against nonperformance by the seller/exporter. vi) The Vienna Convention on the International Sale of Goods (CISG).
62

vii) viii) ix) x)

Passing of the risk. Bills of lading. Letters of credit. The adoption of the CISG by South Africa.

IER705 International Trade Dispute Settlement Learning outcomes: The student must be able to: i) Understand international dispute settlement meganisms and be able to determine the jurisdiction of the relevant institution in a specific dispute. ii) Explain the different dispute settlement meganisms. iii) Introduce effective dispute settlement meganisms in an international trade transaction. Integrated knowledge: i) Dispute settlement meganisms of the World Bank, IMF, World Trade Organization, EU, NAFTA and SADC. ii) The process of international dispute settlement and alternative dispute settlement methods. IER706 International Trade Law Learning outcomes: The student must be able to understand, evaluate and critically explain selected topics from the law pertaining to international trade. Integrated knowledge: This module is structured annually according to the specific topics the learners want to study and may include the following: i) Locus standi in international trade ii) Export credit. iii) Antidumping, dumping and countervailing. iv) Grey goods. v) Letters of credit. vi) Project financing as an example of international trade financing. vii) International trade financing. viii) The module will annually be approved by the Faculty Board.
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Assessment: Three hour written examination.

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IER791

International Economic research essay)

Law

(extended

The extended research essay in Mercantile Law is facilitated in the Department of Mercantile Law. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head of the department. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

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IER792 International Economic Law (research essay) The research essay in Mercantile Law is facilitated in the Department of Mercantile Law. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head of the department. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

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DEPARTMENT PRIVATE LAW The Department of Private Law reserves the right to change the composition, content and study material in accordance with the needs of the student, the number of students and the availability of well-equipped facilities. PRG700 (Dissertation) The title of the dissertation is the choice of the student, in consultation with the concerned supervisor of the relevant department. Assessment External assessors, oral presentation/public defence. PRG701 Law of Succession Learning outcomes: The student must be able to: i) Execute a will in terms of the formalities required. ii) Implement the various ways to revoke a will. iii) Interpret and rectify a will. iv) Apply the principle of accrual. Integrated knowledge: i) Study the Wills Act. ii) Formalities required to execute a valid will. iii) The ways to revoke a will. iv) Content of wills. v) Study the ius accrescendi. vi) Interpretation and rectification of wills. vii) Legal-comparative study on the law of succession.

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PRG702 Trust Law Learning outcomes: The student must be able to: i) Distinguish between the various kinds of trusts. ii) Identify the legal construction of trusts. iii) Ascertain the parties to a trust as well as their respective powers and duties. iv) Vary a trust deed. v) Know what the acceleration of trust benefits comprise. vi) To apply the doctrine of incorporation by reference. Integrated knowledge: i) History of the origin of trust. ii) Requirements to create a trust. iii) Powers and duties of the parties to a trust. iv) The trust in legal and commercial practice. v) The taxation of the trust. vi) The trust as estate planning tool. vii) The content of trust deeds. viii) Selected topics. PRG703 Advanced Law of Contract Learning outcomes: The student must be able to: i) Understand and critically explain credit agreements. ii) Critically interpret the National Credit Act 34 of 2005 and to give advice thereon. iii) Understand and critically explain the sale agreement. iv) Understand and critically evaluate the element of consensus. Integrated knowledge: i) Credit agreements. ii) Sale agreements. iii) Relevant legislation. iv) Case law.

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PRG704 Administration of Estates Learning outcomes: The student must be able to: i) Report a deceased estate in full at the Master of the Supreme Court. ii) Have knowledge of all the important parties in the administration process. iii) Know what the duties of an executor comprise. iv) Choose an effective method of liquidation. v) Draw a liquidation and distribution account and complete the administration process. vi) Calculate estate duty. Integrated knowledge: i) Reporting procedure. ii) Implementation of the important sections of the Administration of Estates Act 66 of 1965. iii) Administration process. iv) Implementation of various legal institutions. v) A study of the Estate Duty Act 45 of 1955 and the implementation there-of. vi) Legal-comparative study on the administration of estates. PRG705 Advanced Family Law Learning outcomes: The student must be able to: i) Evaluate and explain the background, origin and relevant Family law principles. ii) Undertake comparative legal research on Family law. iii) Analyse relevant case law. iv) Identify innovative legal principles. v) Distinguish and compare legislation on Family law. vi) Integrate procedural and evidential principles with those of the Family law. vii) Identify, contemplate and advise on social and economic legal consequences related to family matters.

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Integrated knowledge: i) Historical development of Family law. ii) Marriage and marriage-like relationships in South Africa. iii) Relevant case law, legislation and comparative law. iv) The Constitution and its impact on family law. v) Selected topics. PRG706 Law of delict Learning outcomes: The student must be able to: i) Understand, explain, distinguish and critically evaluate the content of the elements wrongfulness and fault (negligence) in view of recent case law. ii) Understand and explain the legal principles regarding delictual liability for specific forms of: damnum iniuria datum, iniuria and strict liability. Integrated knowledge: i) Relevant case law, legislation and other sources. ii) The influence of the Constitution on the law of delict. iii) Problematic issues within the traditional law of delict. iv) Legal liability and possible defences thereto, regarding specfic delicts. v) Legal comparison regarding certain specific delicts. PRG707 Law of Damages Learning outcomes: The student must be able to: i) Understand and explain the history, sources, nature, scope and the terminology of the law of damages. ii) Identify, distinguish and relate the elements of the modern concept of damage to that of wrongfulness, fault and causality. iii) Take a strong stand on the development of either the abstract approach or the concrete approach to damage . iv) Point out and explain the complexities and uncertainties pertaining to lucrum cessans, damnum emergens, general
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v)

vi)

vii) viii) ix)

and special damage, and pure economic loss in view of the concept patrimonial loss and the quantification thereof. Know and assess the function and determination of nonpatrimonial loss whenever rights to personality is at stake and especially in view of contingencies. Identify and systematically incorporate the collateral source rule and/or res inter alios acta as part of the basic damage problem. Miscellaneous principles regarding the quantification and recovery of damages and satisfaction. Assess damages, compensation and satisfaction in specific cases of breach of contract and certain forms of delict. Apply private international rules to issues of damage with a foreign element.

Integrated knowledge: i) Terminology and general principles pertaining to the law of damage. ii) Patrimonial loss. iii) The quantum of patrimonial loss. iv) The nature and quantification of non-patrimonial loss. v) Principles pertaining to the recovery of damages, compensation, and satisfaction. vi) Damages and breach of contract. vii) Damages, compensation, and satisfaction in delictual liability. viii) The Private International Law and damage with a foreign element. PRG708 Law of Property Learning outcomes: The learner must be able to assess, critique and make recommendations regarding certain legal principles and the different questions and problems experienced in legislation and the implementation of government programmes regarding mineral rights, sectional title schemes, water rights, land reform and a comparative legal study regarding the constitutional existence and protection of property.
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Integrated knowledge: i) Constitutional existence and protection of property. ii) Land reform. iii) Mineral rights. iv) Sectional title schemes. v) Water rights. PRG709 Law of Persons Learning outcomes: The student must be able to: i) Understand and explain the history, sources, nature, scope, characteristics, definitions, theories and the terminology of the different social entities, for instance juristic persons, foundations, trusts, mortgage bonds, societies and partnerships. ii) Distinguish and relate the different categories of social entities (especially juristic persons). iii) Identify the different ways of erecting/registering legal entities and implement it practically. iv) Know how these legal entities come to an end and execute the process in practice. v) Understand and explain the capacities (status), subjective rights and legal duties of these legal entities. vi) Investigate, identify and implement the practical application possibilities of these entities. Integrated knowledge: i) Terminology and general principles pertaining to social entities. ii) Theories and nature of social entities. iii) Creation, existence and termination of legal entities. iv) Categories of juristic persons. v) Functionaries/officials and their liability. vi) Juristic persons and the Constitution.

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PRG791 Private Law (extended research essay) The extended research essay in Private Law is facilitated in the Department of Private Law. The theme is in the field of the students choice in consultation with the prospectiv e study leader(s) and the head of the department. NB: Not all the above-mentioned capita selecta will necessarily be offered in any given year. The Department reserves the right to change it in consultation with the Faculty Board. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

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PRG792 Private Law (research essay) The research essay in Private Law is facilitated in the Department of Private Law. The theme is in the field of the students c hoice in consultation with the prospective study leader(s) and the head of the department. NB: Not all the above-mentioned capita selecta will necessarily be offered in any given year. The Department reserves the right to change it in consultation with the Faculty Board. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies. PRG900 (Thesis) The title of the thesis is the choice of the student, in consultation with the concerned promoter of the relevant department. Assessment External assessors, oral presentation/public defence.

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DEPARTMENT OF CONSTITUTIONAL LAW AND LEGAL PHILOSOPHY ADR700 (Dissertation) The title of the dissertation is the choice of the student, in consultation with the concerned supervisor of the relevant department. Assessment External assessors, oral presentation/public defence. ADR701 Foundations of Administrative Law and Justice Learning outcomes: The student must be able to: i) Know and understand the foundations of South African Administrative Law. ii) Identify and understand the basic functions and applications of our Common Law principles pertaining to substantive Administrative Law and Justice. iii) Apply and develop the principles pertaining to this field under diverse circumstances. Integrated knowledge: i) The sources of English and South African Administrative Law and Justice. ii) The principles of legality and ultra vires and the application thereof in common law jurisdictions. iii) The impact of legal developments in the field of common law principles pertaining to Administrative Law and Justice.

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ADR702

Foundations and Principles Administrative Law and Justice

of

Procedural

Learning outcomes: The student must be able to: i) Know and understand the principles and foundations of the South African common law. ii) Understand and apply the Constitutional mechanisms providing for remedies against the State and devised for the protection of legal subjects. iii) Apply and demonstrate the functional ability to integrate the various judicial and non-judicial mechanisms devised for review in South African Administrative Law. iv) Have an in depth understanding and practical knowledge of the principles of judicial and non-judicial review. Integrated knowledge: i) The sources of English and South African Procedural Administrative Law. ii) The working of common law review. iii) The impact of the 1996 Constitution on judicial review. iv) The impact of the 1996 Constitution on non-judicial review. v) The various state institutions supporting constitutional democracy. vi) State liability on the basis of fault and risk in our law. ADR703 Theory and Practice of Administrative Justice in Terms of the 1996 Constitution Learning outcomes: The student must be able to: i) Know and understand the historical and common law basis of the notions of equity and justice. ii) Demonstrate the ability to understand the heritage and basis of the principles of natural justice. iii) Appreciate the development of the concept Administrative Justice in our Constitutional dispensation since 1994. iv) Apply the principles of Administrative Justice and reasonableness to diverse cases and situations.
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Integrated knowledge: i) The sources of Administrative Justice in common law systems and in our South African administrative Law heritage. ii) The development of the rules of natural justice in our common law. iii) The impact of the interim Constitution on the principles of Administrative Justice. iv) The practical application of the various principles of Administrative Justice and reasonableness to solve complex legal problems. ADR704 International Comparative Administrative Law Learning outcomes: The student must be able to: i) Know and understand the application of Administrative law principles in diverse legal systems. ii) Appreciate the value of legal comparison for developing the South African Administrative Law system. iii) Relate the legal principles in other legal systems to those in the South African legal system. iv) Compare the principles contained in the 1996 Constitution with those in other systems of law. Integrated knowledge: i) The basic principles of legal comparison relating to systems of Administrative law and Justice. ii) The various legal principles pertaining to Administrative law compared in different legal settings. iii) A fundamental focus on the principles of Administrative Justice in diverse legal systems. iv) Giving expression to the constitutional demand with regard to developing our legal system by comparing various paradigms of Administrative law and justice.

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ADR705 Administrative Law Reform Learning outcomes: The student must be able to: i) Know and understand the need for reform of South African Administrative Law and practice. ii) Know and appreciate the ways in which our system of administrative legal system can be reformed. iii) Manifesting the ability to comment theoretically on law reform in the fields of administrative Law and Justice. iv) Demonstrating the ability to write reports and / or other academic treatises and submissions to facilitate law reform in these fields. Integrated knowledge: i) Identifying the areas in which law reform in the areas of Administrative Law and Justice is needed. ii) Focusing on the principles pertaining to addressing such needs in the light of current legal developments. iii) Formulating proposals and submissions to address legal issues. iv) Producing legal documentation of publishable standard to improve our legal heritage in these fields. ADR791 Constitutional Law and Legal Philosophy (extended research essay) The extended research essay in Administrative Law is facilitated by the Department of Constitutional Law and Philosophy of Law. The student, in consultation with the prospective study leader(s) and the head of the department, chooses the theme. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument.
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iv) v)

vi) vii) viii)

Formulate a complex and sustained legal argument. Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. Where relevant, refer to the social, political, economic and international contexts within which the research is situated. Demonstrate competence in comparative techniques where this is required. Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

ADR792 Constitutional Law and Legal Philosophy (research essay) The research essay in Administrative Law is facilitated by the Department of Constitutional Law and Philosophy of Law. The student, in consultation with the prospective study leader(s) and the head of the department, chooses the theme. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

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INR702 Sources and Theory of Public International Law Learning outcomes: Students should be able to: i) Understand the nature of international law. ii) Know treaties as a source of international law. iii) Know customary international law as a source of international law. iv) Understand the nature of customary international law. v) Know and understand other sources of international law. Integrated knowledge: i) Treaties. ii) Customary international law. iii) Realism and idealism. iv) Natural law and positivism. v) Jus cogens. vi) 'Soft law' and 'hard law' sources. vii) Resolutions. viii) Declarations and international institutions. INR703 International Humanitarian Law Learning Outcomes: The student must be able to: i) Understand the philosophy, nature and scope of international humanitarian law (IHL). ii) Be able to identify and know the sources and general principles of IHL. iii) Understand the scope of application of IHL. iv) Know the inherent limits of IHL. v) Know the means of warfare. vi) Understand the relationship between IHL and International Human Rights. vii) Know the distinction between civilians and combatants. Integrated knowledge: i) Nature and scope of IHL. ii) Sources. iii) Principles.
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iv) v) vi) vii) viii) ix) x)

Treaties. Customary international law. Nature of IHL. Human rights. Means of warfare. Combatants and civilians. Right to go to war versus the right within war.

INR791 Constitutional Law and Legal Philosophy (extended research essay) The extended research essay in International Law is facilitated by the Department of Constitutional Law and Philosophy of Law. The student, in consultation with the prospective study leader(s) and the head of the department, chooses the theme. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

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INR792 Constitutional Law and Legal Philosophy (research essay) The research essay in International Law is facilitated by the Department of Constitutional Law and Philosophy of Law. The student, in consultation with the prospective study leader(s) and the head of the department, chooses the theme. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies. INR900 (Thesis) The title of the thesis is the choice of the student, in consultation with the concerned promoter of the relevant department. Assessment External assessors, oral presentation/public defence. MNR700 (Dissertation) The title of the dissertation is the choice of the student, in consultation with the concerned supervisor of the relevant department. Assessment
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External assessors, oral presentation/public defence. MNR702 Equality Issues Learning outcomes: A student must: i) Possess an understanding of important theories regarding equality and discrimination. ii) Understand the provisions of the Constitution, their interpretation by the Constitutional Court, including the Courts notion of substantive equality and its framework for applying section 9 of the Constitution. iii) Be able to understand and explain applicable equality law from comparative jurisdictions against the background of the particular constitutions. iv) Be fully familiar with the provisions of applicable equality legislation, e.g. the Employment Equity Act, the Promotion of Equality and Prevention of Unfair Discrimination Act. v) Be able to understand and apply the equality provisions of the Constitution and applicable legislation to selected fields, e.g. employment discrimination and affirmative action, discrimination in private clubs and organisations, discrimination in family law, provision of goods, services and facilities, professions and bodies, housing, accommodation, land and property, health services and benefits, education, insurance, pensions. Integrated knowledge: i) Theories of equality and discrimination. ii) Constitutional provisions regarding equality and discrimination and their interpretation by the Constitutional Court and other comparative jurisdictions. iii) Equality legislation. iv) Application of the constitutional and legislative provisions to selected areas, e.g. employment discrimination and affirmative action, discrimination in private clubs and organizations, discrimination in Family law; provision of goods, services and facilities, professions and bodies, housing, accommodation, land and property, health services and benefits, education, insurance, pensions .
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MNR703 Human Rights Principles and Reproductive and Sexual Rights Learning outcomes: A student must: i) Demonstrate an understanding of the sources and nature of human rights and their relation with reproductive and sexual rights. ii) Apply specific human rights on reproductive and sexual rights e.g. the right to equality, life and health. iii) Apply the realisation of demands in terms of reproductive and sexual rights in terms of domestic law. iv) Apply the realisation of demands in terms of reproductive and sexual rights in terms of international law including the African Charter on Human and Peoples Rights. Integrated knowledge: i) Advanced study of the application of human rights principles on selected areas of reproductive and sexual health. MNR704 Selected Reproductive and Sexual Health Issues Learning outcomes: A student must: i) Demonstrate an in-depth knowledge of local legislation and policy pertaining to specific and selected reproductive and sexual health issues. ii) Evaluate critically domestic legislation and policy pertaining to specific and selected reproductive and sexual health issues against the background of international human rights standards. iii) Formulate policy and jurisprudentially founded evaluations on domestic legislation and policy that do not meet international standards. Integrated knowledge: i) Advanced study of the application of human right principles on selected areas of reproductive and sexual health.
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MNR705 Human Rights that focus on Reproductive and Sexual Health Rights Learning outcomes: The student must be able to: (i) Demonstrate knowledge of the basic concepts of health and the links with human rights from a global perspective. (ii) Understand the concepts of reproductive and sexual health. (iii) Apply the concepts of health and human rights to reproductive health and sexual health. (iv) Understand the intersection between reproductive and sexual health, and health care systems. (v) Understand and apply the ethics of health care to reproductive and sexual health. Integrated knowledge i) Advanced study of the general principles and doctrines of reproductive and sexual health rights. MNR791 Constitutional Law and Legal Philosophy (extended research essay) The extended research essay in Human Rights is facilitated in the Department of Constitutional Law. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head of the department. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate.
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vi) vii) viii)

Where relevant, refer to the social, political, economic and international contexts within which the research is situated. Demonstrate competence in comparative techniques where this is required. Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

MNR792 Constitutional Law and Legal Philosophy (research essay) The research essay in Human Rights is facilitated in the Department of Constitutional Law. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head of the department. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies. MNR900 (Thesis) The title of the thesis is the choice of the student, in consultation with the concerned promoter of the relevant department. Assessment External assessors, oral presentation/public defence.
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OGR701 Environmental Law Learning outcomes: The student must be able to: i) Understand the nature and scope of environmental law. ii) Be able to identify and know the content of the most important national and international sources of environmental law. iii) Know the content, scope of and restrictions on the constitutional right to the environment. iv) Know the provisions of the framework legislation on the environment. v) Know the law relating to specific environmental themes, e.g. nature conservation, water and air pollution, waste management, mining, etc. vi) Know and apply the general principles of environmental management. Integrated knowledge: i) The nature and scope of environmental law. ii) National and international sources of environmental law. iii) The constitutional right to the environment. iv) Framework legislation on the environment. v) The law pertaining to specific environmental themes, e.g. nature conservation, water and air pollution, waste management, mining, etc. vi) General principles with regard to environmental management. vii) Comparative study of environmental law. OGR702 International and National Measures Protection of the Environment for the

Learning outcomes: The student must be able to: i) Understand and be able to explain the main developments in International law with regard to the protection of the environment. ii) Identify, explain and evaluate the main International law principles governing the protection of the environment.
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iii)

Understand the relevance of International Environmental law for South Africa.

Integrated knowledge: i) UN declarations and conventions on the protection of the environment. ii) The importance thereof for South African environmental law. iii) Other principles relevant to the enforcement of environmental laws. OGR791 Constitutional Law and Legal Philosophy (extended research essay) The extended research essay in Environmental Law is facilitated by the Department of Constitutional Law and Philosophy of Law. The student, in consultation with the prospective study leader(s) and the head of the department, chooses the theme. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

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OGR792 Constitutional Law and Legal Philosophy (research essay) The research essay in Environmental Law is facilitated by the Department of Constitutional Law and Philosophy of Law. The student, in consultation with the prospective study leader(s) and the head of the department, chooses the theme. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies. RGL700 (Dissertation) The title of the dissertation is the choice of the student, in consultation with the concerned supervisor of the relevant department. Assessment External assessors, oral presentation/public defence.

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RGL701 Foundations of Jurisprudence Learning outcomes: The student must be able to: i) Acquire a systematic knowledge and understanding of Jurisprudence and Philosophy of Law. ii) Acquire a knowledge: of the historical development of the bases and principles of Jurisprudence. iii) Understand the development of various paradigms of jurisprudential thinking about legal paradigms. Integrated knowledge: i) The various paradigms dealing with the interpretation and understanding of Jurisprudence and the Philosophy of Law. ii) The different major schools of thought dealing with law and its theoretical application. iii) The practical effects of the different paradigms of Jurisprudence and Philosophy of Law. RGL702 Jurisprudence and Justice Learning outcomes: The student must be able to: i) Know, understand and appreciate the nature of law and justice. ii) Understand and critically reflect upon the relationship between law and justice. iii) Manifest the practical ability to evaluate the content and application of law and justice in the South African legal system and other legal systems. iv) Evaluate the level of justice in various legal paradigms. Integrated knowledge: Is law necessary? i) Law and force. ii) Law and morals. iii) Natural law and natural rights. iv) Legal positivism. v) Law and justice. vi) Law and freedom.
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vii) viii) ix) x) xi) xii)

Law, sovereignty and the state. Law and society. Law and custom. The judicial process. Conceptual thinking in law. Some leading legal concepts.

RGL703 Ideology and Jurisprudence Learning outcomes: The student must be able to: i) Understand the meaning of ideology and legal ideology. ii) Identify the major fields of ideology in Jurisprudence and Philosophy of Law. iii) Appreciate the contents, effects and practical results of various ideological approaches to law and Jurisprudence. iv) Investigate legal texts and formulations and critically reflecting on the theoretical; underpinnings and practical implications of legal ideologies. Integrated knowledge: i) The nature of jurisprudence within different ideological contexts. ii) The meaning of law and its ideological roots. iii) Appreciating the legal ideologies manifested in classical positivism, the pure theory of law, modern trends in analytical and normative jurisprudence, sociological jurisprudence and the realistic approach to law. iv) The practical effects of legal ideologies in various contexts. RGL704 Modern, Post Modern and Reformational Legal Paradigms Learning outcomes: The student must be able to: i) Understand and appreciate the views of modern, post modern and Reformatory legal paradigms. ii) Understand and apply the views of modern, post modern and reformatory legal paradigms to legal sources, adjudication, Stare decisis, judges and their discretions, legal interpretation, the intefrity of law, legality and
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legitimacy, judgemade law, judicial reasoning, statutory construction and democracy. Integrated knowledge: i) The nature of legal sources. ii) The institution of adjudication. iii) Stare decisis. iv) Judges and discretion. v) Dworkin and hard cases. vi) Dworkin and discretion. vii) Dworkin and interpretation. viii) Law as integrity; one right answer? ix) Integrity and legitimacy. x) Judge-made law. xi) Judicial reasoning. xii) Statutory construction. xiii) Statutory construction and democracy. RGL705 Law Reform in Jurisprudential Perspective Learning outcomes: The student must be able to: i) Understand and appreciate the needs for law reform in the South African legal system and other legal paradigms. ii) Know and understand the basic concepts underlying our legal system which are in need of law reform. iii) Appreciate the theoretical and practical implications of law reform flowing form different jurisprudential ideologies. Integrated knowledge: i) Identifying the areas in which law reform form a jurisprudential perspective is needed. ii) Applying the various jurisprudential theories and mechanisms to areas in need of law reform. iii) Formulating proposals and submissions from jurisprudential perspective to address the needs for reform. iv) Producing legal documentation of publishable standard by using the tools, motivations and theories of jurisprudence to improve our legal system.
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RGL791 Constitutional Law and Legal Philosophy (extended research essay) The extended research essay in Jurisprudence is facilitated by the Department of Constitutional Law and Philosophy of Law. The student, in consultation with the prospective study leader(s) and the head of the department, chooses the theme. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies. RGL792 Constitutional Law and Legal Philosophy (research essay) The research essay in Jurisprudence is facilitated by the Department of Constitutional Law and Philosophy of Law. The student, in consultation with the prospective study leader(s) and the head of the department, chooses the theme.

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Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies. RGL900 (Thesis) The title of the thesis is the choice of the student, in consultation with the concerned promoter of the relevant department. Assessment External assessors, oral presentation/public defence. STR700 (Dissertation) The title of the dissertation is the choice of the student, in consultation with the concerned supervisor of the relevant department. Assessment External assessors, oral presentation/public defence.

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STR702 Constitutional Law: Municipal Law Learning outcomes: The student must be able to: i) Be able to explain the development of local government structures and powers in South Africa. ii) Know and explain the constitutional provisions regarding municipal government structures and functions. iii) Know and explain the content of applicable local government legislation. iv) Understand and explain the composition, powers and functions of local government structures and their relationship to provincial and national government. v) Understand and be able to apply the principles of judicial review of the exercise of local government powers. Integrated knowledge: i) The historical development of local government in South Africa. ii) The provisions of the constitution and their interpretation regarding local government. iii) The provisions of all applicable legislation regarding local government in the constitutional era. iv) The composition, powers and functions of local government structures. v) Judicial review of the exercise of local government functions. vi) The relationship of local, provincial and national government.

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STR791 Constitutional Law and Legal Philosophy (extended research essay) The extended research essay in Constitutional Law and Legal Philosophy is facilitated in the Department of Constitutional Law. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head of the department. NB: Not all the abovementioned capita selecta will necessarily be offered in any given year. The Department reserve the right to change it in consultation with the Faculty Board. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

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STR792 Constitutional Law and Legal Philosophy (research essay) The research essay in Constitutional Law and Legal Philosophy is facilitated in the Department of Constitutional Law. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head of the department. NB: Not all the abovementioned capita selecta will necessarily be offered in any given year. The Department reserve the right to change it in consultation with the Faculty Board. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies. STR900 (Thesis) The title of the thesis is the choice of the student, in consultation with the concerned promoter of the relevant department. Assessment External assessors, oral presentation/public defence.

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DEPARTMENT OF CRIMINAL AND MEDICAL LAW SFR700 (Dissertation) The title of the dissertation is the choice of the student, in consultation with the concerned supervisor of the relevant department. Assessment External assessors, oral presentation/public defence. SFR701 Capita Selecta from Criminal Law Learning outcomes: The student must be able to show knowledge and understanding of the legal historical development, legal sources, conventions, the legal issues, as well as a critical analysis and evaluation of the South African legal position regarding: i) Violent offences. ii) Sexual offences. iii) Trafficking in persons. iv) Domestic violence. v) Computer crime. vi) Corruption. vii) Sentencing. Integrated knowledge: i) Violent offences. ii) Sexual offences. iii) Trafficking in persons. iv) Domestic violence. v) Computer crime. vi) Corruption. vii) Sentencing.

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SFR703 Capita Selecta from Medicina Forensis Learning outcomes: The student must show knowledge and understanding of the development, legal nature, legislation, conventions, usage, functions, advantages and disadvantages, the legal issues, as well as a critical analysis of: i) Regulation of the Health Care Professions in South Africa. ii) Certain legal/ethical aspects of medicine. iii) Regulation of ethical research. iv) The doctrine of informed consent. v) Regulation of the pharmaceutical industry. Integrated knowledge: i) The historical development. ii) Legal nature. iii) Legislation. iv) Regulations. v) Conventions. vi) Court cases, and legal questions of the South African Health Professions Council. vii) Medical records keeping and access thereto. viii) HIV/AIDS legal and ethical aspects. ix) Medical aid schemes regulating. x) The doctrine of informed consent. xi) Blood and blood products. xii) Alcohol. xiii) Surrogate motherhood and in vitro conception. xiv) Research on human beings - South African Medical Research Council. xv) The Pharmaceutical industry regulating and working. xvi) Cloning and genetic engineering.

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SFR704 Capita Selecta from Serious Economic Crimes Learning outcomes: The student must show knowledge and understanding of the development, legal nature, legislation, conventions, usage, functions, advantages and disadvantages, the legal issues, as well as a critical analysis of: i) The mechanisms / working of the Criminal law system and economic crimes. ii) Serious economic crimes. iii) Legislation. iv) Victims of economic crimes. Integrated knowledge: i) The historical development. ii) Legal nature. iii) Legislation. iv) Regulations. v) Conventions, Court cases and legal questions of the criminal justice system and economic crimes. vi) Serious economic offences such as: Theft of money. Theft of trust money. Corruption in private and civil sector. Cheque and credit card fraud. Money laundering. Gang activities. Syndicates. Drug activities. Pyramid schemes and insider trading. vii) National and international economic crime combating systems. viii) Legislation. ix) International co-operation. x) Victims of economic crimes.

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SFR714 Credit Module (Criminal Law) This credit module in Criminal Law is facilitated by the Department of Criminal and Medical Law. It serves as a credit mechanism for programmes passed at foreign universities in terms of existing and future co-operation agreements. SFR791 Criminal and Medical Law (extended research essay) The extended research essay in Criminal and Medical Law or Procedural Law and Law of Evidence is facilitated by the Department of Criminal and Medical Law. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head(s) of the relevant department(s). NB: Not all the abovementioned capita selecta will necessarily be offered in any given year. The department reserve the right to change it in consultation with the Faculty Board. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

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SFR792 Criminal and Medical Law (research essay) The research essay in Criminal and Medical Law or Procedural Law and Law of Evidence is facilitated by the Department of Criminal and Medical Law. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head(s) of the relevant department(s). NB: Not all the abovementioned capita selecta will necessarily be offered in any given year. The department reserve the right to change it in consultation with the Faculty Board. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. vi) Where relevant, refer to the social, political, economic and international contexts within which the research is situated. vii) Demonstrate competence in comparative techniques where this is required. viii) Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies. SFR900 (Thesis) The title of the thesis is the choice of the student, in consultation with the concerned promoter of the relevant department. Assessment External assessors, oral presentation/public defence.

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Service Modules: FOV123 Forensic Nursing Learning outcomes: The student must be able to: i) Give an overview of the SA legal system. ii) Identify and explain relevant legal aspects. iii) Understand and explain applicable crimes. iv) Draft applicable expert reports. Integrated knowledge: i) SA legal system. ii) Relevant legal aspects. iii) Applicable crimes. iv) Drafting of expert reports. Assessment: Examinations to be written in November/January. One paper of two hours. GRV123 Health care and the law. Learning outcomes: The student must be able to: i) Understand and critically explain the doctrine of medical law as it pertains to medical practitioners. ii) Critically interpret the contractual relationship between a medical practitioner and a patient. iii) Understand, interpret and apply legislation as it pertains to consent to medical treatment. iv) Understand and apply the principles applicable to the prevention of medical malpractice. v) Understand the role of expert medical witnesses in court. vi) Understand and apply the principles applicable to euthanasia from the South African perspective. vii) Understand and apply all legal and medical principles and guidelines applicable to HIV/AIDS as they pertain to the physician and the patient. viii) Understand and apply the law applicable to the termination of pregnancy.
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ix) x) xi) xii)

Understand and apply the legal principles applicable to the protection of the patients right to privacy. Understand and apply the principles applicable to consent or refusal of blood transfusions. Understand and apply the principles applicable to accessing medical records. Understand and apply legislation relevant to the sterilization of persons.

Integrated knowledge: i) The Constitution of the Republic of South Africa 108 of 1996. ii) South African Bill of Rights. iii) World Medical Associations Patients Rights . iv) Department of Health National Patients Rights Charter . v) National Health Act 61 of 2003. vi) Mental Health Care Act 17 of 2002. vii) Child Care Act 74 of 1983. viii) Childrens Act 38 of 2005 . ix) National Health Care Act 61 of 2003. x) Ammendment to the Criminal Procedure Act 32 of 2007. xi) Choice on Termination of Pregnancy Act 92 of 1996. xii) Sterilization Act 44 of 1998. xiii) Promotion of Access to Information Act 2 of 2000, applicable case law. Assessment: i) Two test papers of one hour each for 50 marks per test. ii) One exam which can be written in November or January.

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MEZ354 Ethical and legal aspects of medicine Learning outcomes: The student must be able to: i) Understand and critically explain the doctrine of medical law as it pertains to medical practitioners. ii) Critically interpret the contractual relationship between a medical practitioner and a patient. iii) Understand, interpret and apply legislation as it pertains to consent to medical treatment. iv) Understand and apply the principles applicable to the prevention of medical malpractice. v) Understand the role of expert medical witnesses in court. vi) Understand and apply the principles applicable to euthanasia from the South African perspective. vii) Understand and apply all legal and medical principles and guidelines applicable to HIV/AIDS as they pertain to the physician and the patient. Integrated knowledge: i) The Constitution of the Republic of South Africa 108 of 1996. ii) South African Bill of Rights. iii) World Medical Associations Patients Right s. iv) Department of Health National Patients Rights Charter . v) National Health Act 61 of 2003. vi) Mental Health Care Act 17 of 2002. vii) Child Care Act 74 of 1983. viii) Childrens Act 38 of 2005, applicable case law. Assessment: i) Two test papers of one hour each for 50 marks per test. ii) One exam which can be written in June or July.

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DEPARTMENT OF PROCEDURAL LAW AND LAW OF EVIDENCE PSR700 (Dissertation) The title of the dissertation is the choice of the student, in consultation with the concerned supervisor of the relevant department. Assessment External assessors, oral presentation/public defence. PSR900 (Thesis) The title of the thesis is the choice of the student, in consultation with the concerned promoter of the relevant department. Assessment External assessors, oral presentation/public defence. SPF900 (Thesis) The title of the thesis is the choice of the student, in consultation with the concerned promoter of the relevant department. Assessment External assessors, oral presentation/public defence. SPR701 Capita Selecta from Law of Evidence Learning outcomes: The student must be able to: i) Understand the function of the Law of Evidence in the structure of a court system. ii) Be able to integrate and apply the constitutional rights in criminal and civil trials. iii) Be able to apply to a set if facts the various aspects regarding the admissibility of relevant evidence. iv) Must be in a position to handle the various aspects regarding the inclusion evidence. v) Have the theoretical and practical knowledge in regards to admissions and confessions in civil and criminal trials.
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vi) vii) viii)

Be in a position to arrange, establish and apply the kinds evidence in a trial. Be able to apply all aspects in regards to witnesses in trials. Have a complete knowledge, understanding and be able to apply the standards of proof and burdens of proof in criminal trials.

Integrated knowledge: i) A general knowledge and insight into the history and theory of the Law of Evidence. ii) Draw distinction between concepts and distinction in principles. iii) Knowledge of the function of evidence and all forms of exclusions of such evidence. iv) Knowledge of the proceedings at a trial in its various and integrated components. v) Knowledge and also the practical application of pre-trial, trial and post-trial procedure. vi) Knowledge of sentencing and the factors pertaining to all issues in this regard. SPR791 Procedural Law and Law of Evidence (extended research essay) The extended research essay in Procedural Law or Law of Evidence is facilitated by the Department of Procedural Law and Law of Evidence. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head(s) of the relevant department(s). NB: Not all the above mentioned capita selecta will necessarily be offered in any given year. The department reserve the right to change it in consultation with the Faculty Board. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving.

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ii)

iii) iv) v)

vi) vii) viii)

Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. Select and apply information relevant to the argument. Formulate a complex and sustained legal argument. Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate. Where relevant, refer to the social, political, economic and international contexts within which the research is situated. Demonstrate competence in comparative techniques where this is required. Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

SPR792 Procedural Law and Law of Evidence (research essay) The research essay in Procedural Law or Law of Evidence is facilitated by the Department of Procedural Law and Law of Evidence. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head(s) of the relevant department(s). NB: Not all the above mentioned capita selecta will necessarily be offered in any given year. The department reserve the right to change it in consultation with the Faculty Board. Learning outcomes: The student must be able to: i) Demonstrate an advanced competence in practical and theoretical legal problem-solving. ii) Demonstrate an advanced understanding of the theoretical framework, key concepts, and core legal rules and principles of the particular research area. iii) Select and apply information relevant to the argument. iv) Formulate a complex and sustained legal argument. v) Evaluate the effectiveness of legal rules in dealing with a particular factual situation and suggest appropriate legal reform mechanisms where current rules are inadequate.
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vi) vii) viii)

Where relevant, refer to the social, political, economic and international contexts within which the research is situated. Demonstrate competence in comparative techniques where this is required. Produce research that is original in the sense that it does not simply duplicate or reproduce existing studies.

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DEPARTMENT OF ROMAN LAW AND LEGAL HISTORY RRR700 (Research Essay) The extended research essay in Roman Law is facilitated by the department Roman Law, Legal History and Comparative Law. The theme is in the field of the students choice in consultation with the prospective study leader(s) and the head(s) of the relevant department(s). The department reserve the right to change it in consultation with the Faculty Board. The department also reserved the right to set appart certain work of research for a student. RRR900 In order to be admitted to the LL.D. degree studies, a candidate must be in possession of a LL.M. degree or M.A. degree in Latin.

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Post Graduate Diploma in Labour Law The following postgraduate diploma is awarded in the Faculty of Law. Degree Minimum period of study Postgraduate Diploma in 1 year Labour Law Abbreviation PDLL Study Code 3202

Reg E14 Postgraduate Diploma in Labour Law Regulations The general regulations regarding postgraduate diplomas apply mutatis mutandis to students for the postgraduate diploma in this faculty. Sillabi Postgraduate diploma in Labour Law (Study code 3202) Learning outcomes: The student must be able to understand, evaluate and critically explain selected topics from Labour Law. Integrated knowledge: ABR711 History of the South African Labour Law, the impact by the Constitution on Labour Law; the contract of employment and the Basic Conditions of Employment Act, 1999; International Labour Organization (ILO). (First semester) ABR712 The relevant provisions of the Labour Relations Act, 1995 with regard to freedom of association; trade unions and employer organizations, bargaining councils and dismissal. (First semester)

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ABR713

The relevant provisions of the Labour Relations Act, 1995 with regard to strikes, other industrial action and lock-outs, the transfer of business, and unfair labour practices. (First semester) The relevant provisions of the Labour Relations Act, 1995 with regard to dispute resolution, the CCMA and the Labour Courts, and Representation. (Second semester) The relevant provisions of the Employment Equity Act, 1998 with regard to discrimination and affirmative action, preparation of an employment equity plan. (Second semester) Social legislation inter alia relevant provisions of the Skills Development Act, 1998; the Unemployment Insurance Act, 1996; the Compensation for Occupational Injuries and Diseases Act, 1993 and the Occupational Health and Safety Act, 1993. (Second semester)

ABR714

ABR715

ABR716

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Post Graduate Diploma in Financial Planning Law The following postgraduate diploma is awarded in the Faculty of Law. Degree Minimum period of study Postgraduate Diploma in 1 year Financial Planning Law Abbreviation PDFP Study Code 3200

Reg E14 Postgraduate Diploma in Financial Planning Law Regulations The general regulations regarding postgraduate diplomas apply mutatis mutandis to students for the postgraduate diploma in this faculty. Post Graduate Diploma in Financial Planning: Study Code 3200 The financial services industry has undergone significant changes over the years, particularly in the last five years, and continues to evolve today. Financial planning - a distinct element within the spectrum of financial industry services - is still relatively young. However, it is an increasingly important part of the service mix and South Africans seeks to maximise the potential of their hardearned money. Professional financial planning takes a holistic approach to an individuals financial needs a qualified financial planner will consider a clients goals, stage in life, personal circumstances and risk tolerance. They will make recommendations for growing and preserving wealth, minimising tax, estate planning, insurance and more, depending on the individual they are working with. The Faculty of Law was the first Higher Education Institution in South Africa to present a programme in Financial Planning Law.

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Curriculum: FBR711 The financial planning environment. The regulatory environment. Regulatory legislation Tax legislation. General legislation. Ethics and liability. Compliance. Personal financial planning Personal risk management. Tax. investment products. Group products. planning and re-porting techniques. Individual Financial

FBR712

FBR713

Corporate financial planning Business environment. Business insurance: needs and solutions. Retirement fund administration. Retirement funds. Health care. Employee benefits. Practical case study This module consists of a four hour examination, testing a students knowledge and ability to draw up a comprehensive financial plan and to write a report to the client.

FBR714

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Advanced Post Graduate Diploma in Financial Planning Law The following postgraduate diploma is awarded in the Faculty of Law. Degree Minimum period of study 1 year Abbrevia-tion Study Code 3201

Advanced Postgraduate Diploma in Financial Planning Law

Adv PDFP

Reg E14 Advanced Post Graduate Diploma in Financial Planning Law Regulations The general regulations regarding postgraduate diplomas apply mutatis mutandis to students for the advanced postgraduate diploma in financial planning law in this faculty. Advanced Post Graduate Diploma in Financial Planning Law: Study Code 3201 The advanced qualification provides professional financial planners with academic and professional expertise to practise successfully in the specialised field of financial planning of their choice. The module consists of two subjects grouped together. The candidate can make his own choice of subjects. FBR803 FBR806 OR FBR803 FBR808 OR FBR808 FBR806 OR FBR806 FBR807 OR FBR801 FBR802 OR FBR804 Health Benefits I
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Personal Risk Management Asset Types and Investment Planning

Personal Risk Management Estate Planning

Estate Planning Asset Types and Investment Planning

Asset Types and Investment Planning Principles of Portfolio Planning and Management

Fund Governance and Maintenance Fund Design and Financing

FBR805

Health Benefits II

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